EULA

This end-user license agreement (“EULA”) is entered into between a user of the Hero software and services ("you", "your", etc.) and Pose AR Ltd. trading as Hero ("Hero", "us", "we","our", etc.) and governs your use of the Hero App ("App") and associated Hero services, including any data, text, files, information, usernames, images, audio and video clips appearing on our App. This EULA also covers any Hero assessments or tests that you gain access to through third party apps or integrations. We collectively refer to this as the Hero "Platform" and the services that make use of on our platform are the "Services".

Our Privacy Policy explains the way we collect and use your information, and the steps we take to keep it safe and protect your privacy. By using the Platform or any of the Services, you agree to be bound by these Terms and our Privacy Policy. Your access to the Platform is granted by invitation of an organization (the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Platform and Service (the “Master Services Agreement”). By accepting an invitation and making use of the Service, you agree to be bound by this EULA.

If you have any questions about this EULA, please email us at legal@gohero.io.

1. Account registration and use

1.1 Account Registration and Confidentiality
To access the Service and Platform, you may be required to register for an account by providing basic setup information, including your name email, date of birth and other personal information. You agree to provide us with accurate, complete, and current information about yourself. We will endeavour to keep the information that you provide secure in line with our privacy policy. By registering, you agree that you are fully responsible for all activities that occur under your user account. We may assume that any communications we receive under your account have been made by you.

1.2 Accuracy of information provided
You acknowledge that a failure to provide accurate personal information when using the App has the potential to invalidate the results of any assessment or workout conducted within the app. You acknowledge that it is against the terms of this licence to provide false or inaccurate information when using the Service and that it may additionally violate the terms of any agreement between you and the Customer which invited you to the make use of the Platform.

1.3 Unauthorized Account Use
You are responsible for notifying us at support@gohero.io if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using account, either with or without your knowledge and/or authorisation, and regardless of whether you have or have not advised us of such unauthorized use.

1.3 Feedback on the Platform
‍The Platform may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to us and share such Feedback with other users, or the public. By submitting Feedback through the Platform, you grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other marketing materials and where required to do so by law or in good faith to comply with legal process) provided that any such use complies with our privacy policy. We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

2. Our proprietary rights‍

The Service and Platform are owned and operated by Pose AR Limited and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Pose AR Limited and its partners, as well as other sources, and are protected by United Kingdom copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Platform are also protected as a collective work or compilation under global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Platform. You acknowledge that the Service and Platform have been developed, compiled, prepared, revised, selected, and arranged by Pose AR Limited through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Pose AR Limited. You agree to notify us immediately upon becoming aware of any claim that the Service or Platform infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service and Platform may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

‍3. Licence and Acceptable Use

3.1 Your License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Platform, and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Platform, including the Pose AR Limited Privacy Policy and these Terms. Pose AR Limited may revoke this license at any time, in its sole discretion.

‍3.2 Acceptable Use
All Users must comply with the following rules regarding acceptable use of the Service and Platform.

‍3.2.1 Disruption of the service
You may not:

access, tamper with, or use non-public areas of the Service and Platform, Pose AR Limited’s computer systems, or the technical delivery systems of Pose AR Limited’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Service and Platform by any means other than Pose AR Limited’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Platform, in such a manner as to interfere with or create an undue burden on the Service or Platform.

3.2.2 Misuse of the Service and Platform
You may not utilize the Service or Platform to carry out, promote or support any unlawful or fraudulent activities;

3.2.2 Reverse engineering
You may not utilize the Service or Platform as part of any attempt to copy, decompile, disassemble, attempt to derive the source code of, decrypt, modify, or otherwise interfere with the Service, or otherwise attempt to replicate, describe or understand the underlying algorithms employed by us in our provision of the Services.

‍3.3 Violations of this Section 3
In addition to any other remedies that may be available to us, Pose AR Limited reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Platform, upon notice and without liability for Pose AR Limited should you fail to abide by the rules in this Section 3 or if, in Pose AR Limited’s sole discretion, such action is necessary to prevent disruption of the Service or Platform for other users. Pose AR Limited reserves the right to notify the representatives(s) of any Customer associated with your access to the Platform of any violations of these Terms.

‍4. Privacy‍

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

‍5. Limitation of Liability

5.1 Disclaimer
‍Except as it relates to our use or processing of your Personal Data or as required by law, you acknowledge and accept that Pose AR Limited shall have no liability to you whatsoever in respect to your use of the Platform and Services. In particular, that we disclaim any and all other warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, as well as any warranties of regulatory compliance, performance, accuracy, reliability, non-infringement, or that the use of the Platform, Services, or any other work product will be secure, timely, uninterrupted, error- or defect-free, or that errors or defects will be corrected, to the maximum extent permitted by applicable law.

We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Service and Platform.

5.2 Strenuous physical activity
You acknowledge that your use of the Platform and Services may involve the completion of specific movements or exercises which are considered physically strenuous and that Pose AR Ltd. makes no representation that the activity that you undertake as part of your use of the Services is appropriate to your physical ability or fitness level. Any physical activity undertaken is at your own discretion and risk and you agree to indemnify and hold blameless Pose AR Ltd. for any injury or loss that you incur as a result of undertaking physical activity whilst making use of the Service.

‍5.3 General Information only
The content in the App is provided for general information only and the Platform shall not be construed as a medical tool/device of any sort. Any results or measurements obtained through the your use of the Platform are for information only and you are not entitled to rely on their appropriateness or accuracy in any way. If you have any questions or concerns about the content within the App we recommend you seek professional or specialist medical advice.

5.5 Awareness of surroundings
‍You acknowledge that the user of the App should always be aware of their own surroundings whilst using the Hero App and exercising and should refrain from using the area whilst moving around in an area where they may be vulnerable to moving objects or objects which can cause injury or harm.

5.2 Modification
Pose AR Limited reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Platform (or any part thereof), with or without notice. You agree that Pose AR Limited shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Platform.

6. Eligibility and Inherent Risk

6.1 Inherent risk of exercise
By making use of the Platform and Services, you recognise that there is always an element of risk involved with the undertaking of any physical activity and your participation in physical activity as part of the Service is voluntary and solely at your own risk, and that you may opt out at any time. By taking part in physical activity as part of the Service, you warrant that you are in general good health, have made your own personal risk assessment of the activity to be undertaken, and agree to comply with the restrictions of this clause 6.

6.2 Existing conditions
You should not take part in physical activity as part of your use of the Platform if you are aware or suspect (or become aware at any time) that you make be suffering from any of the following conditions:

Heart conditions (including coronary artery disease, heart failure, diagnosed abnormality of heart rhythm) or other cardiovascular issue (for example, irregular heartbeat that requires medical management)
High blood pressure
Pain in your chest at rest, during activities of daily living or when you do physical activity
Loss of balance because of dizziness, (or having lost consciousness within the last 12 months)
A bone, joint or soft tissue (muscle, ligament or tendon) problem, either currently or within the last 12 months, that could be made worse by physical activity
A temporary illness such as a cold or fever that limits your ability to breathe freely
Currently pregnant (or you suspect you may be pregnant)
Currently being prescribed drugs (for example, water pills) for your blood pressure or heart condition
Under advice from your doctor or other health professional that indicated that you should not take part in physical activity, or only do physical activity recommended by a doctor, or that you should only do physical activity that is medically supervised
Impairment in walking or mobility
Impairment, or other health issue or condition, that can affect your balance
Any underlying medical conditions or risk factors that would be exacerbated by participating in physical activity, such as that required for your use of the Service (this includes mental and physical conditions) or exercise
Any other reason that you should not do physical activity.

6.3 Discontinue activity
You should cease any physical activity immediately if at any time you experience any pain or discomfort, dizziness or lack of orientation, confusion, los off balance, or any problems affecting your vision or speech.

6.4 Age restriction
The Platform and Services are for use by persons over sixteen (16) and less that eighty (80) years of age, only.

7. General Terms

7.1 Applicable Law
Please note that these Terms, and their subject matter and formation, are governed by the laws of England and Wales. However, if you are a consumer and resident of any other European country you will benefit from, and if you are a consumer and resident of any country in APAC or the UAE you may benefit from, any mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on any such local law mandatory provisions and legal rights.

‍67.2 Complaints or Disputes
You can contact us at support@gohero.io if you have any complaints or disputes about the Services. You and Pose AR Limited shall use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or other form of complaint. If we do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, counts, claims or causes of action between you and Pose AR Limited arising out of, under, or related to the Services shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

‍7.3 No waiver
If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

‍7.4 Severability
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

‍7.5 Miscellaneous
The section titles in these Terms are for convenience only and have no legal or contractual effect.

‍7.6 Notices
We may deliver notice to you by e-mail, posting a notice on the Service and Platform or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) Pose AR Limited, The Old Barn, Worton, Witney, United Kingdom, OX29 4SY, VAT number: GB405965678; or (2) support@gohero.io.